INGAGE COMMUNICATIONS LTD TERMS OF SERVICE

Ingage will provide Services to the Customer, subject to the Terms Of Service.

By requesting and accepting the supply of the Services, the Customer acknowledges that they have read and understood the Terms Of Service and will abide by those Terms Of Service.

Ingage may at any time vary or add to the Terms Of Service, modify the Services or the Charges and will give as much prior notice of such changes to the Customer as is reasonably practicable.

Customer acknowledges that any variation or addition to the Terms of Service, the Services or the Charges shall not be grounds for early contract termination or non-payment.

The Terms of Service shall be construed in all respects in accordance with the laws of Queensland, Australia and any action in respect of the Terms of Service shall be subject to the jurisdiction of the Courts of Queensland, Australia.

INTERPRETATION

“Cancellation Fee” means all Charges for the period remaining in the current term after cancellation of the Services by Ingage or at the request of the Customer;

“Charges” means charges for provision of the Services as listed in Ingage’s schedule of charges to the Customer posted on the web site www.ingagecommunications.com or notified to the Customer from time to time prior to the supply of a Service;

“CRAA” means the Credit Reference Association of Australia Limited;

“Customer” means the person or entity that ordered and / or uses the Services and their successors and permitted assigns;

“Ingage” means Ingage Communications Ltd and its successors and assigns;

“Initial Term” means twelve (12) months from the date of commencement of provision of the Services to the Customer by Ingage;

“Month” means a calendar month;
 
“Service” means web hosting services made available to the Customer by Ingage or any other services supplied by Ingage to the Customer at the Customers request;

“Successive Term” means each twelve (12) month period after the Initial Term.

ACCEPTANCE

Orders for Services are subject to Ingage’s acceptance and credit tests.

 
PRIVACY CONSENT

The Customer agrees that in accordance with the Privacy Act 1988:

  • Ingage may seek and use personal and commercial credit information from a reporting agency such as the CRAA for the purpose of assessing a credit application by the Customer or the Customer’s credit worthiness and/or the Customer’s continuing credit worthiness, and for the purpose of the collection of payments that are overdue in respect of any credit provided by Ingage;
  • Ingage may give to or obtain from another credit provider or the Customer’s dealer, any information derived from a report or from the conduct of the Customer’s account for the purpose of assessing an application, the Customer’s credit worthiness and/or the Customer’s continuing credit worthiness, and for obtaining assistance in the collection of any overdue payments from the Customer; and
    • Items of personal information about the Customer (including information in an application and information arising from the conduct of an account) and;
    • Permitted to be kept on a credit information file, may be disclosed to a credit reporting agency such as CRAA.

PROVISION OFSERVICES

Ingage will use reasonable efforts to maintain the Services while the Customer complies with these Terms of Service.

CHARGES

The Charges for provision of the Services will be published on the web site www.ingagecommunications.com or sent to the Customer prior to prior to the supply of a Service.

Ingage may vary the Charges from time to time and will notify the Customer of such changes as soon as practical.  The varied Charges will apply for any Successive Term commencing no earlier than thirty (30) days after Ingage notifies Customer of the variation to the Charges.

PAYMENT AND BILLING

The Customer must pay all Charges for the Service provided and all bank and credit card fees or charges related to the Customer’s failure to pay Charges as and when due.

If the Customer fails to pay any Charges, Ingage shall be entitled to cancel the Service and the Customer will immediately become liable for the payment of all Charges and any Cancellation Fee.

All payments made to Ingage are non-refundable.

 
OVERDUE PAYMENTS

Ingage may charge a late fee on any overdue amount calculated at the annual rate equal to three percent above the rate notified by Suncorp Metway from time to time as its indicator lending rate on bank overdrafts over $100,000.

TERM

The provision of the Services will continue for the Initial Term and thereafter will automatically be renewed for successive periods of the same duration as the Initial Term unless at least 30 days prior to the expiration of the current term, the Customer notifies Ingage in writing that it does not wish the term for the provision of Services to be renewed.

Without limiting its other rights, Ingage may immediately without liability terminate the provision of the Services or suspend the provision of Services if:

  • Payment of any Charge is not made by the Customer when due;
  • The Customer otherwise breaches the Terms Of Service;
  • Any information supplied by the Customer to Ingage is found to be false or misleading;
  • The Customer enters into bankruptcy, liquidation, administration, receivership, or becomes or is deemed to be insolvent;
  • Ingage is unable to provide the Services for reasons of a technical nature.

The Customer may request the termination of the provision of the Services before the expiry of the current term, however Ingage is not obliged to agree to an early termination of the provision of the Services.

In the case of any termination before the expiry of the current term, whether initiated by the Customer or Ingage, the Customer is required to pay Ingage the Cancellation Fee and all sums owed by the Customer to Ingage.

Ingage is entitled to deny the Customer access to any Services, files, domain names, and any other records until Customer has paid all Charges including any cancellation fee to Ingage.

If the Services are suspended for any reason Charges will continue to accrue whilst the provision of the Services is suspended.

CUSTOMER’S OBLIGATIONS

The Customer must not:

  • Use or permit the use of the Service for any unlawful, immoral or improper purpose (including, without limitation, in breach of laws relating to copyright, breach of confidence, defamation, theft, conversion or obscenity);
  • Act or omit to act in any way, which may cause the quality of the Services to be impaired, jeopardise the provision of the Services or injure or damage any property or person.

The Customer acknowledges that:

  • The Service must be used in conjunction with instructions issued by Ingage;
  • The Service may be subject to interference from congestion of communication lines provided by local and overseas communication companies beyond Ingage’s control;
  • Whilst the intellectual property for content supplied by the Customer to Ingage remains the property of the Customer, all production work carried out by Ingage remains the sole property of Ingage;
  • If the Services are used for any unlawful purposes Ingage may disclose any and all information including assigned IP addresses, account history, account use, files, databases etc. to any law enforcement agency who makes a written request without further consent from or notification to the Customer.

The Customer must not re-supply the Service or any part of it.

The Customer must reimburse Ingage for any loss or damage Ingage suffers directly or indirectly as a result of a breach by the Customer of the Terms Of Service together with any legal costs incurred by Ingage in pursuing the Customer.

LIMITATION OF LIABILITY

To the extent permitted by law, all terms, conditions, warranties and representations, express or implied, by statute or otherwise, as to the description, merchantable quality or fitness for purpose of the Services, are excluded.

If legislation implies warranties or conditions which cannot be excluded, restricted or modified or cannot be excluded, to the extent which Ingage is entitled to do so, its liability will be limited at its option to the supply of the Services again or the payment of the cost of having the Services performed again.

To the extent permitted by law and subject only to any express exceptions in the Terms of Service, Ingage will under no circumstances be liable to the Customer for any loss, damage, expense, injury or death sustained or incurred by the Customer or any other party resulting directly or indirectly out of the supply of the Services or out of any breach of Ingage under any contract incorporating the Terms of Service or Ingage’s acts or omissions.
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